New York state passes first electronics right-to-repair bill:
The fight for the right to repair scored a huge win Friday with New York state passing a bill that requires digital electronics manufacturers, like laptop and smartphone manufacturers, to make diagnostic and repair information available to consumers and independent repair shops.
The bill, which passed in the New York Senate (49 to 14) on Wednesday and in the Assembly (145 to 1) today, enacts the Digital Fair Repair Act. Governor Kathy Hochul has to sign the bill before it is law, but advocates, like iFixit, said they don't expect obstacles there.
Notably, the bill doesn't pertain to medical devices, home appliances, agricultural and off-road equipment, or public safety communications equipment. However, right-to-repair advocates have their eye on those areas as well. The bill also doesn't cover motor vehicles.
Companies selling tech products in New York that are covered will be obligated to distribute information, software, tools, and parts so that individuals and independent repair shops can repair personal devices on their own. iFixit said it expects this to take effect by 2023.
More specifically, the bill says it:
"Requires OEMs to make available, for purposes of diagnosis, maintenance, or repair, to any independent repair provider, or to the owner of digital electronic equipment manufactured by or on behalf of, or sold by, the OEM, on fair and reasonable terms, documentation, parts, and tools, inclusive of any updates to information. Nothing in this section requires an OEM to make available a part if the part is no longer available to the OEM. For equipment that contains an electronic security lock or other security-related function, the OEM shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to access and reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the equipment. Such documentation, tools, and parts may be made available through appropriate secure release systems."
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A while back, retired journalist and octogenarian, Chris Biddle, had an excellent interview with author and digital rights activist Cory Doctorow about digital restrictions. They speak in particular about digital restrictions technologies which have been spread within agricultural equipment through the equipment's firmware. Their conversation starts out with mention of the use of network-connected firmware to brick the tractors which were looted from dealership sales lots in Ukraine by the invading Russian army. Cory gives a detailed overview of the issues hidden away by the mainstream press under the feel-good stories about the incident.
But was the bigger picture more worrying? I speak with Cory Doctorow, author, Guardian journalist with a special interest in protecting human rights in this digital age.
He says that whilst 'kill-switches' used to disable the machinery provide a security benefit, it is possible that widely available 'hacking' technology could also be used to disrupt the world's agricultural infrastructure by those with more sinister motives.
All of which feeds into the Right to Repair cases currently going through the US courts. It is also all about who owns the tractor, who owns data, and who owns the rights to the embedded software?
Deere contends that a customer can never fully own connected machinery because it holds exclusive rights to the software coding.
Some US farmers have attempted to unlock the embedded by purchasing illegal firmware –mostly developed by sophisticated hackers based in Ukraine!
The interview is just under 45 minutes.
Previously:
(2022) New York State Passes First Electronics Right-to-Repair Bill
(2022) John Deere Remotely Disables Farm Equipment Stolen by Russians from Ukraine Dealership
(2022) A Fight Over the Right to Repair Cars Turns Ugly
(2021) Apple and John Deere Shareholder Resolutions Demand They Explain Their Bad Repair Policies
(2021) The FTC is Investigating Why McDonald's McFlurry Machines are "Always Broken"
(2020) Europe Wants a 'Right to Repair' Smartphones and Gadgets
(2019)
New Elizabeth Warren Policy Supports "Right to Repair"
(2016) Sweden Wants to Fight Disposable Culture with Tax Breaks for Repairing Old Stuff
(Score: 5, Insightful) by captain normal on Monday June 06 2022, @04:59AM (2 children)
My guess is that the OEM's lawyers will have a field day with this nebulous bit of language.
Everyone is entitled to his own opinion, but not to his own facts"- --Daniel Patrick Moynihan--
(Score: 3, Interesting) by Anonymous Coward on Monday June 06 2022, @08:05AM
Companies would prefer that the law didn't exist than bet on loopholes in front of a judge. That's why there has been so much lobbyist FUD targeting these bills over the years.
(Score: 0) by Anonymous Coward on Monday June 06 2022, @11:29AM
If a company charges essentially the same price for replacing X as the parts for a DIY, that seems not fair or reasonable on the face of it because most of the cost for repair these days is for having the skilled tech available.
What would the argument be for the company?
They could bloat the cost by shipping the whole tech facility to the DIY, but if you just wanted the part, seems there should be a better price?
The wiggle room here is definitely fair and reasonable.
(Score: -1, Spam) by Anonymous Coward on Monday June 06 2022, @05:39AM (8 children)
Don't know if anyone noticed, but Runaway got spanked in his journal, again. Starting to think he likes it. But the main problem was the rather, um, inappropriate title he chose. First, he toned it down with a synonym, but the overall image still reeked of repressed pedophilia and homophobia. Now I see he has posted a new entry, to knock that offensive one off the front page, and has edited the title that was offensive to one work, the one that still offends him: Biden. You never knows what transpires on SoylentNews, in the Shadows, where Microsofties lie, but dollars to donuts that the staff came down of hateful Runaway, and convinced him that he should clean it up. So, the right to repair can not be far behind, if the admin are finally starting to spank them some Runaway!
aristarchus
(Oh, read this quick, it will be spam modded in seconds, and might even be elided, in violation of free speech, section 230, and the right to repair. )
(Score: -1, Troll) by Anonymous Coward on Monday June 06 2022, @06:06AM
Yep, in seconds! And I am not even the realAristarchus! Looks like, SN is broken beyond repair, so the right to repair is not apropos.
(Score: 5, Informative) by janrinok on Monday June 06 2022, @07:00AM (6 children)
https://www.techdirt.com/2020/06/23/hello-youve-been-referred-here-because-youre-wrong-about-section-230-communications-decency-act/ [techdirt.com]
If only you were as smart as you think you are - but, alas, you are not.
(Score: -1, Offtopic) by Anonymous Coward on Monday June 06 2022, @09:01AM (5 children)
Oh, he's way smarter than anyone think he is. Except that he keeps it suppressed, even from himself, lest others would learn he's actually smart (very much like Carl Sagan hiding his dragon in the garage). And so noone will ever learn just how smart he is and will continue to spam-mod him the way his observable behaviour deserves.
(Score: 0, Troll) by HsunTzu on Monday June 06 2022, @10:48AM (4 children)
Yes, let's spam mod him for being smart! More spam mods!
But, um, I am kinda new here. Who are we spam modding, and why?
(Score: -1, Offtopic) by Anonymous Coward on Monday June 06 2022, @10:36PM (1 child)
He was one of the more interesting Soylentils, until he was permabanned, and now lives only in janrinok's head, violating section 230 all the time. SoylentNews, like Gab and Parle, bans liberal voices that criticize the right, in order to save the feelings of the right. And to protect Runaway.
And to cite Brietbarf.
(Score: 2) by janrinok on Tuesday June 07 2022, @05:29AM
You really need to get your story straight. What is it you think the staff are doing now? Dare I suggest that it is all in your head?
(Score: -1, Offtopic) by Anonymous Coward on Monday June 06 2022, @10:41PM (1 child)
Some of us cannot spam mod anyone!
So sad. No wonder all the right-wing Runaway sock-puppets are still permitted to mod.
(Score: 2) by janrinok on Tuesday June 07 2022, @05:18AM
Care to name one? No, I didn't think that you could. It's all in your mind.
(Score: 2) by SpockLogic on Monday June 06 2022, @01:41PM (1 child)
Well done New York. It shows that the money and FUD doesn't work every time.
Hope more states will follow but I'm not holding my breath.
Overreacting is one thing, sticking your head up your ass hoping the problem goes away is another - edIII
(Score: -1, Troll) by Anonymous Coward on Monday June 06 2022, @04:48PM
Those far-left pinkos in New York are killing innovation and the economy (Let's Go, Brandon!), and this is just another way those socialist scum who hate and want to destroy everything that decent, hard working Americans stand for!
You won't find any of this commie crap in Texas or Indiana or Mississippi!
(Score: 5, Informative) by DannyB on Monday June 06 2022, @01:45PM
Tech Dirt:
California Right To Repair Bill Gets Scuttled By Lobbyists [techdirt.com]
The lower I set my standards the more accomplishments I have.
(Score: 3, Funny) by HammeredGlass on Monday June 06 2022, @01:55PM
Fix those silly Apples for those silly Apple using New Yorkers.